B-100590, JUL 17, 1951

B-100590: Jul 17, 1951

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LANE - FOR ARMORY DRILL PAY FOR DRILLS ATTENDED IN DECEMBER 1948 WITH ORGANIZATIONS OTHER THAN THEIR OWN WHERE THE TOTAL DRILLS ATTENDED DURING THE MONTH WERE IN EXCESS OF THE NUMBER OF FEDERAL PAY DRILLS SCHEDULED FOR THEIR OWN UNITS. SHOWS THAT FOUR FEDERAL PAY DRILLS WERE SCHEDULED FOR THAT ORGANIZATION FOR OCTOBER 1948 (ON THE 5TH. 15 DEC 48 PER ATCHD CERTIF" IN COLUMN (6) OF THE PAY ROLL IT IS SHOWN THAT HAIGHT'S ACTUAL AND CONSTRUCTIVE ATTENDANCE WAS AT ONE DRILL IN OCTOBER. THREE IN DECEMBER - A TOTAL OF NINE AUTHORIZED DRILLS FOR WHICH HE WAS PAID - INDICATING THAT HE ATTENDED THREE AUTHORIZED DRILLS WITH HIS OWN UNIT. 15 DEC 48 CERT ATCHD" IN COLUMN (6) IT IS SHOWN THAT BRUGGEMAN'S ACTUAL AND CONSTRUCTIVE ATTENDANCE WAS AT FOUR DRILLS IN OCTOBER.

B-100590, JUL 17, 1951

PRECIS-UNAVAILABLE

COLONEL WM. A. SARCANDER, F.C., DISBURSING OFFICER:

BY EIGHTH INDORSEMENT DATED JANUARY 5, 1951, THE CHIEF OF FINANCE REFERRED TO THIS OFFICE YOUR SEVENTH INDORSEMENT OF DECEMBER 21, 1950, REQUESTING AN ADVANCE DECISION ON A SUPPLEMENTAL ARMORY DRILL PAY ROLL OF SERVICE COMPANY, 134TH INFANTRY, NEBRASKA NATIONAL GUARD, FOR THE PERIOD FROM OCTOBER 1, 1948, TO DECEMBER 31, 1948. THE SAID PAY ROLL, WHICH HAS BEEN CERTIFIED BY THE APPROPRIATE OFFICERS, COVERS THE CLAIMS OF FOUR ENLISTED MEN - PRIVATE FIRST CLASS HOWARD L. HAIGHT AND RECRUITS DALE V. BRUGGEMAN, WILLIAM D. GORDON, AND BERNARD H. LANE - FOR ARMORY DRILL PAY FOR DRILLS ATTENDED IN DECEMBER 1948 WITH ORGANIZATIONS OTHER THAN THEIR OWN WHERE THE TOTAL DRILLS ATTENDED DURING THE MONTH WERE IN EXCESS OF THE NUMBER OF FEDERAL PAY DRILLS SCHEDULED FOR THEIR OWN UNITS.

THE ORIGINAL ARMORY DRILL PAY ROLL OF THE SAID SERVICE COMPANY FOR THE QUARTERLY PERIOD INVOLVED (VOUCHER NO. 52390 OF THE FEBRUARY 1949 ACCOUNT OF COLONEL J.H. DOHERTY, F.D.) SHOWS THAT FOUR FEDERAL PAY DRILLS WERE SCHEDULED FOR THAT ORGANIZATION FOR OCTOBER 1948 (ON THE 5TH, 12TH, 19TH, AND 26TH); FIVE FOR NOVEMBER 1948 (ON THE 2ND, 9TH, 16TH, 23RD, AND 30TH); AND THREE FOR DECEMBER 1948 (ON THE 14TH, 21ST, AND 28TH) - A TOTAL OF TWELVE DRILLS DURING THE QUARTERLY PERIOD. WITH REFERENCE TO THE CLAIMANTS THE SAID ORIGINAL PAY ROLL CONTAINS THE FOLLOWING REMARKS:

"HAIGHT, HOWARD L. 27 692 137

ATND DR/W/34TH QM CO, 34TH DIV, 27 OCT 48, 3, 10, 17 NOV 48, 8, 15 DEC 48 PER ATCHD CERTIF"

IN COLUMN (6) OF THE PAY ROLL IT IS SHOWN THAT HAIGHT'S ACTUAL AND CONSTRUCTIVE ATTENDANCE WAS AT ONE DRILL IN OCTOBER, FIVE IN NOVEMBER, AND THREE IN DECEMBER - A TOTAL OF NINE AUTHORIZED DRILLS FOR WHICH HE WAS PAID - INDICATING THAT HE ATTENDED THREE AUTHORIZED DRILLS WITH HIS OWN UNIT.

"BRUGGEMAN, DALE V. 27 692 183

ATND DR W/34TH QM CO, 34TH DIV, 6, 13, 20, 27 OCT 48, 3, 10, 17 NOV 48, 8, 15 DEC 48 CERT ATCHD"

IN COLUMN (6) IT IS SHOWN THAT BRUGGEMAN'S ACTUAL AND CONSTRUCTIVE ATTENDANCE WAS AT FOUR DRILLS IN OCTOBER, FOUR IN NOVEMBER, AND THREE IN DECEMBER - A TOTAL OF ELEVEN AUTHORIZED DRILLS FOR WHICH HE WAS PAID - INDICATING THAT HE ATTENDED TWO AUTHORIZED DRILLS WITH HIS OWN UNIT.

"GORDON, WILLIAM D. 27 692 192

ATND DR W/HQ & HQ DET NEB NG, 7, 14, 21, 28 OCT 48, 4, 8, 18 NOV 48, 2, 9, 16 DEC 48 CERT ATCHD"

IN COLUMN (6) IT IS SHOWN THAT GORDON'S ACTUAL AND CONSTRUCTIVE ATTENDANCE WAS AT FOUR DRILLS IN OCTOBER, THREE IN NOVEMBER, AND THREE IN DECEMBER - A TOTAL OF TEN AUTHORIZED DRILLS FOR WHICH HE WAS PAID - INDICATING PAY FOR ATTENDANCE AT ONLY THE DRILLS WITH THE "OTHER" ORGANIZATION.

"LANE, BERNARD H. 27 692 179

ATND DR W/34TH QM CO, 34TH DIV, 6, 13, 20, 27 OCT 48, 3, 10, 17 NOV 48, 8, 15 DEC 48 CERT ATCHD"

IN COLUMN (6) IT IS SHOWN THAT LANE'S ACTUAL AND CONSTRUCTIVE ATTENDANCE WAS AT FOUR DRILLS IN OCTOBER, FOUR IN NOVEMBER AND THREE IN DECEMBER - A TOTAL OF ELEVEN AUTHORIZED DRILLS FOR WHICH HE WAS PAID - INDICATING THAT HE ATTENDED TWO AUTHORIZED DRILLS WITH HIS OWN UNIT.

THE CERTIFICATES OF THE COMMANDING OFFICERS OF THE 34TH QM COMPANY AND THE HEADQUARTERS AND HEADQUARTERS DETACHMENT SHOW THAT THE DRILLS OF THOSE ORGANIZATIONS WERE ATTENDED BY THE MEN AS STATED ON THE PAY ROLL.

ON THE SUPPLEMENTAL PAY ROLL WITH REFERENCE TO THESE MEN REMARKS APPEAR AS FOLLOWS:

"HAIGHT, HOWARD L. 27 692 137

ATND DR W/34TH QM CO, 34TH DIV, 27 OCT 48, 3, 10, 17 NOV 48, 8, 15 DEC 48 ATND DR W/OWN UNIT 21, 28 DEC 48 SOL PAID FOR ONLY 3 DRILLS IN DECEMBER 48 DUE PAY FOR ONE DRILL SINCE TOTAL DRILLS ATTENDED FOR PAYROLL QUARTER DID NOT EXCEED TOTAL HELD BY OWN UNIT ***"

IN COLUMN (6) IT IS SHOWN THAT HAIGHT'S ACTUAL AND CONSTRUCTIVE ATTENDANCE WAS AT ONE DRILL IN OCTOBER, FIVE IN NOVEMBER, AND FOUR IN DECEMBER - A TOTAL OF TEN ALLEGEDLY AUTHORIZED DRILLS INSTEAD OF NINE APPARENTLY WERE WITH HIS OWN UNIT. THE RESULT IS THAT CLAIM IS MADE FOR $3, REPRESENTING PAY FOR ONE DRILL IN DECEMBER 1948 IN EXCESS OF THE NUMBER OF AUTHORIZED DRILLS HELD BY HIS OWN UNIT IN THAT MONTH.

"BRUGGEMAN, DALE V. 27 692 183

ATND DR W/34TH QM CO, 34TH DIV, 6, 13, 20, 27 OCT 48, 3, 10, 17 NOV 48, 8, 15 DEC 48 ATND DR W/OWN UNIT 30 NOV 48, 21, 28 DEC 48 SOL PD FOR ONLY 3 DRILLS IN DEC 48 DUE PAY FOR ONE DRILL SINCE TOTAL DRILLS ATTENDED FOR PAYROLL QUARTER DID NOT EXCEED TOTAL HELD BY OWN UNIT ***"

IN COLUMN (6) IT IS SHOWN THAT BRUGGEMAN'S ACTUAL AND CONSTRUCTIVE ATTENDANCE WAS AT FOUR DRILLS IN OCTOBER, FOUR IN NOVEMBER, AND FOUR IN DECEMBER - A TOTAL OF TWELVE ALLEGEDLY AUTHORIZED DRILLS INSTEAD OF ELEVEN AS SHOWN ON THE ORIGINAL ROLL - THREE OF WHICH, ONE IN NOVEMBER AND TWO IN DECEMBER APPARENTLY WERE WITH HIS OWN UNIT. THE RESULT IS THAT CLAIM IS MADE FOR $2.50, REPRESENTING PAY FOR ONE DRILL IN DECEMBER 1948 IN EXCESS OF THE NUMBER OF AUTHORIZED DRILLS HELD BY HIS OWN UNIT IN THAT MONTH.

"GORDON, WILLIAM D. 27 692 192

ATND DR W/HQ & HQ DET NEB NG 7, 14, 21, 28 OCT 48, 4, 8,; 18 NOV 48, 2, 9, 16 DEC 48 ATND DR W/OWN UNIT 21, 28 DEC 48 SOL PD FOR 3 DRILLS IN DEC 48 DUE PAY FOR TWO DRILLS SINCE TOTAL DRILLS ATTENDED FOR PAYROLL QUARTER DID NOT EXCEED TOTAL HELD BY OWN UNIT ***"

IN COLUMN (6) IT IS SHOWN THAT GORDON'S ACTUAL AND CONSTRUCTIVE ATTENDANCE WAS AT FOUR DRILLS IN OCTOBER, THREE IN NOVEMBER, AND FIVE IN DECEMBER - A TOTAL OF TWELVE ALLEGEDLY AUTHORIZED DRILLS INSTEAD OF TEN AS SHOWN ON THE ORIGINAL ROLL - TWO OF WHICH APPARENTLY WERE WITH HIS OWN UNIT IN DECEMBER. THE RESULT IS THAT CLAIM IS MADE FOR $5, REPRESENTING PAY FOR TWO DRILLS IN DECEMBER 1948 IN EXCESS OF THE NUMBER OF AUTHORIZED DRILLS HELD BY HIS OWN UNIT IN THAT MONTH.

"LANE, BERNARD H. 27 692 179

ATND DR W/34TH QM CO, 34TH DIV, 6, 13, 20, 27 OCT 48, 3, 10, 17 NOV 48, 8, 15 DEC 48 ATND DR W/OWN UNIT 30 NOV 48, 21, 28 DEC 48 SOL PAID FOR 3 DRILLS IN DEC 48 DUE PAY FOR ONE DRILL SINCE TOTAL DRILLS ATTENDED FOR PAYROLL QUARTER DID NOT EXCEED THE TOTAL HELD BY OWN UNIT ***"

IN COLUMN (6) IT IS SHOWN THAT LANE'S ACTUAL AND CONSTRUCTIVE ATTENDANCE WAS AT FOUR DRILLS IN OCTOBER, FOUR IN NOVEMBER, AND FOUR IN DECEMBER - A TOTAL OF TWELVE ALLEGEDLY AUTHORIZED DRILLS INSTEAD OF ELEVEN AS SHOWN ON THE ORIGINAL ROLL - THREE OF WHICH (TWO IN DECEMBER) APPARENTLY WERE WITH HIS OWN UNIT. THE RESULT IS THAT CLAIM IS MADE FOR $2.50, REPRESENTING PAY FOR ONE DRILL IN DECEMBER 1948 IN EXCESS OF THE NUMBER OF AUTHORIZED DRILLS HELD BY HIS OWN UNIT IN THAT MONTH.

GENERAL REMARKS AT THE END OF THE SUPPLEMENTAL ARMORY DRILL PAY ROLL ARE AS FOLLOWS:

"REASON FOR SUPPLEMENTAL ROLL: ABOVE EM PAID FOR ONLY NUMBER OF DRILLS IN MONTH OF DECEMBER AS HELD BY PARENT ORGANIZATION. SHOULD BE PAID FOR ALL DRILLS ATTENDED IN PAYROLL QUARTER IF TOTAL FOR THE PAYROLL QUARTER DOES NOT EXCEED THE NUMBER OF DRILLS HELD BY PARENT UNIT"

YOUR REQUEST FOR DECISION APPEARS TO HAVE BEEN MADE BECAUSE OF THE HOLDING IN DECISIONS OF THIS OFFICE A-39941, DATED FEBRUARY 9, 1932, AND A -50740, DATED SEPTEMBER 28, 1933, THAT AN ENLISTED MAN WHO IS AUTHORIZED TO ATTEND DRILLS WITH ANOTHER ORGANIZATION MAY NOT QUALIFY FOR ARMORY DRILL PAY FOR DRILLS WITH SUCH ORGANIZATION IN EXCESS OF THE NUMBER OF DRILLS ORDERED FOR HIS OWN ORGANIZATION FOR THE SAME MONTH.

THOSE DECISIONS WERE BASED UPON THE PROVISIONS OF SECTION 110 OF THE NATIONAL DEFENSE ACT, AS AMENDED BY THE ACT OF JUNE 6, 1924, 43 STAT. 471, AND THE NATIONAL GUARD REGULATIONS WHICH WERE IN FORCE AT THE TIME. THE LAW THEN IN FORCE PROVIDED FOR PAYMENT TO AN ENLISTED MAN OF ARMORY DRILL PAY "FOR EACH DRILL ORDERED FOR HIS ORGANIZATION WHERE HE IS OFFICIALLY PRESENT" AND THAT HE SHOULD "RECEIVE COMPENSATION UNDER THE PROVISIONS OF THIS SECTION" FOR ANY DRILL WITH AN ORGANIZATION OTHER THAN HIS OWN WITHIN THE SAME STATE UPON PRESENTATION OF A CERTIFICATE FROM THE ORGANIZATION COMMANDER TO THE COMMANDING OFFICER OF HIS OWN ORGANIZATION SHOWING SUCH DRILL PARTICIPATION.

AFTER THAT TIME, HOWEVER, THE APPLICABLE PROVISIONS OF SECTION 110 OF THE NATIONAL DEFENSE ACT WERE AMENDED BY SECTION 5(C) OF THE ACT OF MARCH 25, 1948, 62 STAT. 91. DURING THE PERIOD FROM OCTOBER 1, 1948, TO DECEMBER 31, 1948 - INVOLVED IN THE PRESENT SUBMISSION - THE SAID SECTION 110 AS SET FORTH IN 32 U.S.C., SUPP. II, 154, PROVIDED, IN PERTINENT PART, AS FOLLOWS:

"SEC. 110. PAY FOR NATIONAL GUARD ENLISTED MEN. - UNDER SUCH REGULATIONS AS THE SECRETARY OF THE ARMY MAY PRESCRIBE, ENLISTED MEN OF THE NATIONAL GUARD OF THE UNITED STATES MAY RECEIVE COMPENSATION AS PROVIDED IN SECTION 14 OF THE PAY READJUSTMENT ACT OF 1942, AS AMENDED, FOR ATTENDING REGULAR PERIODS OF DUTY AND INSTRUCTION DULY PRESCRIBED UNDER THE AUTHORITY OF THE SECRETARY OF THE ARMY, INCLUDING THOSE PERFORMED ON SUNDAYS AND HOLIDAYS. *** AND PROVIDED FURTHER, THAT ANY ENLISTED MAN SHALL, UNDER SUCH REGULATIONS AS THE SECRETARY OF THE ARMY MAY PRESCRIBE, RECEIVE COMPENSATION UNDER THE PROVISIONS OF THIS SECTION FOR ANY DRILL HAD IN ACCORDANCE WITH SUCH PROVISIONS WHERE HE IS OFFICIALLY PRESENT AND IN WHICH HE PARTICIPATES FOR NOT LESS THAN ONE AND ONE-HALF HOURS WITH A NATIONAL GUARD ORGANIZATION WITHIN THE SAME STATE AT A STATION OTHER THAN HIS OWN, UPON PRESENTATION OF A CERTIFICATE IN FORM PRESCRIBED IN SAID REGULATIONS FROM THE ORGANIZATION COMMANDER TO THE COMMANDING OFFICER OF THE ORGANIZATION OF WHICH HE IS A MEMBER SHOWING SUCH DRILL PARTICIPATION."

AS AMENDED BY SECTION 3 OF THE ACT OF MARCH 25, 1948, 62 STAT. 88, SECTION 14 OF THE PAY READJUSTMENT ACT OF 1942, PROVIDED IN PERTINENT PART, AS FOLLOWS:

"SEC. 14 *** (C) UNDER SUCH REGULATIONS AS THE HEAD OF THE DEPARTMENT CONCERNED MAY PRESCRIBE, AND TO THE EXTENT PROVIDED FOR BY LAW AND BY APPROPRIATIONS, OFFICERS, WARRANT OFFICERS, AND ENLISTED PERSONNEL OF THE NATIONAL GUARD OF THE UNITED STATES, *** SHALL RECEIVE COMPENSATION AT THE RATE OF ONE-THIRTIETH OF THE MONTHLY BASE PAY INCLUDING LONGEVITY PAY, AUTHORIZED FOR SUCH PERSONS WHEN ON ACTIVE DUTY IN THE ARMED FORCES OF THE UNITED STATES, FOR EACH REGULAR PERIOD OF INSTRUCTION, OR PERIOD OF APPROPRIATE DUTY, AT WHICH THEY SHALL HAVE BEEN ENGAGED FOR NOT LESS THAN TWO HOURS, INCLUDING THOSE PERFORMED ON SUNDAYS AND HOLIDAYS, OR FOR THE PERFORMANCE OF SUCH OTHER EQUIVALENT TRAINING, INSTRUCTION, OR DUTY OR APPROPRIATE DUTIES AS MAY BE PRESCRIBED BY THE HEAD OF THE DEPARTMENT CONCERNED *** PROVIDED FURTHER, THAT FOR EACH OF THE SEVERAL CLASSES OF ORGANIZATIONS PRESCRIBED FOR THE NATIONAL GUARD OF THE UNITED STATES, THE ORGANIZED RESERVE CORPS, NAVAL RESERVE, AND MARINE CORPS RESERVE, THE RULES APPLICABLE TO EACH OF WHICH SERVICES AND CLASSES WITHIN SERVICES MAY DIFFER, THE HEAD OF THE DEPARTMENT CONCERNED: (1) SHALL PRESCRIBE MINIMUM STANDARDS WHICH MUST BE MET BEFORE AN ASSEMBLY FOR DRILL OR OTHER EQUIVALENT PERIOD OF TRAINING, INSTRUCTION, OR DUTY OR APPROPRIATE DUTIES MAY BE CREDITED FOR PAY PURPOSES, WHICH MINIMUM STANDARDS MAY REQUIRE THE PRESENCE FOR DUTY OF OFFICERS AND ENLISTED PERSONNEL EQUAL TO OR IN EXCESS OF A MINIMUM NUMBER OF PERCENTAGE OF UNIT STRENGTH FOR A SPECIFIED PERIOD OF TIME WITH PARTICIPATION IN A PRESCRIBED CHARACTER OF TRAINING; (2) SHALL PRESCRIBE THE MAXIMUM NUMBER OF ASSEMBLIES, OR PERIODS OF OTHER EQUIVALENT TRAINING, INSTRUCTION, OR DUTY OR APPROPRIATE DUTIES, WHICH MAY BE COUNTED FOR PAY PURPOSES IN EACH FISCAL YEAR; (3) SHALL PRESCRIBE THE MAXIMUM NUMBER OF ASSEMBLIES, OR PERIODS OF OTHER EQUIVALENT TRAINING, INSTRUCTION, OR DUTY OR APPROPRIATE DUTIES WHICH CAN BE COUNTED FOR PAY PURPOSES IN LESSER PERIODS OF TIME; AND (4) SHALL PRESCRIBE THE MINIMUM NUMBER OF ASSEMBLIES OR PERIODS OF OTHER EQUIVALENT TRAINING, INSTRUCTION, OR DUTY OR APPROPRIATE DUTIES, WHICH MUST BE COMPLETED IN STATED PERIODS OF TIME BEFORE THE PERSONNEL OF ORGANIZATIONS OR UNITS CAN QUALIFY FOR PAY

SEE, ALSO, THE SIMILAR PROVISIONS OF SECTION 501 OF THE SUBSEQUENTLY ENACTED CAREER COMPENSATION ACT OF 1949, 37 U.S.C., SUPP. III, 301.

PARAGRAPH 8B, NGR-58, SEPTEMBER 3, 1946, AS CHANGED BY CHANGES NO. 2 JANUARY 26, 1948, PROVIDES:

"8. ENLISTED MEN.

"B. OTHER ORGANIZATIONS. - AN ENLISTED MAN, OFFICIALLY PRESENT IN UNIFORM, PARTICIPATING IN A DULY ORDERED ASSEMBLY FOR DRILL OF AN ORGANIZATION OTHER THAN HIS OWN, UNDER THE PROVISIONS OF NGR-45, SHALL RECEIVE COMPENSATION UNDER A ABOVE, PROVIDED THAT THE COMMANDING OFFICER OF THE ORGANIZATION WITH WHICH HE DRILLS SHALL FURNISH THE COMMANDING OFFICER OF THE ENLISTED MAN'S ORGANIZATION, A CERTIFICATE SHOWING THE DESIGNATION OF THE ORGANIZATION, DATE OF THE DULY ORDERED ASSEMBLY, THAT THE ENLISTED MAN (NAME, GRADE, AND ORGANIZATION) WAS OFFICIALLY PRESENT AND PARTICIPATED IN SAID ASSEMBLY. THIS CERTIFICATE SHALL BE TRANSMITTED DIRECT, BUT A COPY THEREOF SHALL BE FURNISHED TO THE ENLISTED MAN. WD NGB FORM 107 MAY BE USED IN LIEU OF THIS CERTIFICATE, PROVIDED ALL INFORMATION REQUIRED ABOVE IS INCLUDED.

PARAGRAPH 16, NGR-45, NOVEMBER 30, 1946, PROVIDES AS FOLLOWS: "16. ENLISTED PERSONNEL PARTICIPATING IN TRAINING WITH ORGANIZATIONS OTHER THAN THEIR OWN. - A. WHEN AUTHORIZED BY HIS COMMANDING OFFICER TO DO SO, AN ENLISTED MAN MAY ATTEND ORDERED ASSEMBLIES OF ANOTHER ORGANIZATION WITHIN THE SAME STATE AT A STATION OTHER THAN HIS OWN. SUCH AUTHORIZATION WILL BE IN THE FORM OF A LETTER ADDRESSED TO THE COMMANDING OFFICER OF THE ORGANIZATION WITH WHICH THE ENLISTED MAN DESIRES TO DRILL AND FORWARDED DIRECT TO SUCH COMMANDING OFFICER, A COPY BEING FURNISHED TO THE ENLISTED MAN. WHEN AN ENLISTED MAN HAS SO ATTENDED AN ASSEMBLY OF ANOTHER ORGANIZATION, THE COMMANDING OFFICER THEREOF WILL PREPARE A CERTIFICATE ON WD NGB FORM 107 FOR THE COMMANDING OFFICER OF THE ORGANIZATION OF WHICH THE ENLISTED MAN IS A MEMBER, SHOWING THE DATE OF THE ASSEMBLY, THAT IT WAS REGULARLY PRESCRIBED FOR THE ORGANIZATION, AND THAT THE ENLISTED MAN IN QUESTION WAS OFFICIALLY PRESENT THEREAT AND PARTICIPATED THEREIN FOR NOT LESS THAN 2 HOURS. THE CERTIFICATE WILL BE FORWARDED DIRECT TO THE SOLDIER'S COMMANDING OFFICER, A COPY BEING FURNISHED TO THE ENLISTED MAN. UPON RECEIPT OF SUCH CERTIFICATE HIS COMMANDING OFFICER WILL CREDIT THE ENLISTED MAN WITH ATTENDANCE AT SUCH ASSEMBLY FOR THE PURPOSE OF QUALIFYING SUCH ENLISTED MAN FOR ARMORY DRILL PAY. SUCH ATTENDANCE AT ASSEMBLY BY AN ENLISTED MAN MAY BE COUNTED FOR ARMORY DRILL PAY OF THE OFFICERS IN THE ATTENDANCE TOTAL OF THE ORGANIZATION OF WHICH THE MAN IS A MEMBER."

PARAGRAPH 1, NATIONAL GUARD BUREAU LETTER, SUBJECT: "DRILLS PERFORMED WITH OTHER ORGANIZATIONS (ARMY AND AIR FORCE)," DATED JUNE 28, 1949, READS, IN PERTINENT PART, AS FOLLOWS:

"1. FOR PAY PURPOSES, IT IS NECESSARY THAT THE FOLLOWING NATIONAL GUARD REGULATIONS BE CLARIFIED FOR THE INFORMATION AND GUIDANCE OF ALL CONCERNED.

"A. PARAGRAPH 16, NGR-45, 30 NOVEMBER 1946: IT IS DETERMINED THAT WHEN AN ENLISTED MAN OF THE NATIONAL GUARD IS AUTHORIZED TO ATTEND DRILL WITH AN ORGANIZATION OTHER THAN HIS OWN, HE WILL BE ENTITLED TO RECEIVE FEDERAL PAY FOR SUCH DRILLS, NOT TO EXCEED IN ANY ONE QUARTERLY PAY PERIOD THE NUMBER OF DRILLS SCHEDULED BY HIS PARENT ORGANIZATION."

IN VIEW OF (1) THE ABOVE-INDICATED CHANGES IN THE APPLICABLE STATUTES, (2) THE PERTINENT PROVISIONS OF THE NATIONAL GUARD REGULATIONS, AND (3) THE NATIONAL GUARD BUREAU'S CLARIFICATION OF NGR 45, IT APPEARS THAT SINCE MARCH 25, 1948, AT LEAST, THERE HAS BEEN NO ADEQUATE BASIS FOR THE RULE FOLLOWED IN THE DECISIONS OF FEBRUARY 9, 1932, AND SEPTEMBER 28, 1933, SUPRA, AND THIS OFFICE WILL NOT BE REQUIRED TO OBJECT TO OTHERWISE PROPER PAYMENTS OF DRILL PAY TO NATIONAL GUARDSMEN FOR DRILLS PERFORMED WITH ORGANIZATIONS OTHER THAN THEIR OWN DURING PERIODS SUBSEQUENT TO MARCH 25, 1948, PROVIDED NO INDIVIDUAL MEMBER IS PAID SUCH DRILL PAY FOR MORE DRILLS DURING ANY QUARTERLY PAY PERIOD THAN THE NUMBER OF DRILLS SCHEDULED BY HIS OWN (PARENT) ORGANIZATION DURING SUCH PAY PERIOD. CF. DECISION OF MAY 25, 1950, B-88122. ACCORDINGLY, THE SAID DECISIONS OF FEBRUARY 9, 1932, AND SEPTEMBER 28, 1933, WOULD NOT BE A BAR TO PAYMENT OF THE ABOVE MENTIONED SUPPLEMENTAL PAY ROLL BUT SINCE THE APPROPRIATION SHOWN THEREON NOW HAS LAPSED THE ROLL MAY NOT BE PAID BY YOU IN THE USUAL MANNER APPLICABLE IN THE CASE OF CURRENT OBLIGATIONS. HOWEVER, THE SAID PAY ROLL AND RELATED PAPERS ARE RETURNED HEREWITH AND THE MEN LISTED THEREIN MAY, IF THEY DESIRE, SUBMIT CLAIMS TO THIS OFFICE, FOR SETTLEMENT UNDER THE APPROPRIATION FOR PAYMENT OF CERTIFIED CLAIMS. 31 U.S.C. 712B.